Block, Oppenheimer & Co. v. Latham
Texas Supreme Court
Appeal irom Harris. Tried below before the Hon. James Masterson. The statement of the case approved by both parties is adopted.
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Appeal irom Harris. Tried below before the Hon. James Masterson. The statement of the case approved by both parties is adopted. L. J. Latham filed this suit against J. S. Mills, for $2,700 rent, claimed to be due him for a building in Houston, Texas; alleging that on or about the 1st day of June, 1878, he rented the building to Mills for so long as might be agreeable to both parties, and that Mills, in consideration thereof, promised to pay plaintiff at the end of each month, during the existence of the lease, the sum of $150 for the rent of the building; that under said lease Mills occupied…
1Opinion of the Court
Stayton, Associate Justice.
It mattters not that Mills inay have bought some or all of the goods seized under the distress warrant sued out by Latham, after a part of the rent became due; for his lien attached upon whatever property Mills or his vendees had upon the rented property, the latter not being purchasers in the ordinary course of business, nor the property removed from the rented premises, and so for the payment of all rent due without reference to the time it accrued.
The court, therefore, did not err in rejecting the testimony of the ■witness Kiam.
There is nothing in the record to…
2Cases cited6 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Briggs v. MerrillNew York Supreme Court · 1870
- Denham v. WilliamsSupreme Court of Georgia · 1869
- Wolf v. SmithSupreme Court of Iowa · 1873
- Cannon v. KreipeSupreme Court of Kansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Berkey & Gay Furniture Co. v. Sherman Hotel Co.Texas Supreme Court · 1891
- Frith v. WrightCourt of Appeals of Texas · 1915
- Davis v. WashingtonCourt of Appeals of Texas · 1898
- Lehman v. StoneCourt of Appeals of Texas · 1890
- Oppenheimer v. HaleyCourt of Appeals of Texas · 1934